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Copyright and content ownership

Active Member
Frank Z Member Since: Dec 9, 2016
1 of 24

Hello,

 

I'd appreciate any guidance to ensure both myself and my team use Upwork appropriately.  We're a small local business and have used Upwork successfully for a couple of small design items.  A great first experience.  However, I'm now considering hiring someone (and have actually posted the job) to help me conceptualize a brick and mortar business concept.  I'll need help in areas such as logo / identity as well as storefront design.  In short, I'm a busy business owner and do not want to make a mistep with ownership issues.  I obviously understand the payment part.  The client needs to pay.  But I want to make sure there's nothing more complicated than that.  Completely separate from Upwork, I learned a lesson in that regard when I bought a photo session for some friends who had just had a new baby.  I paid for the session and then they learned that every picture was a charge and their newborn was on the webpage of the photographer's site.  I respect people's work, but don't want to ever assume anything again, so any help here appreciated!  

Community Guru
Preston H Member Since: Nov 24, 2014
2 of 24

This is not a photography studio.

 

On Upwork, whoever pays owns all the rights. It IS very simple.

 

Default rules specified by Upwork declare this. Only if the client and freelancer agree to a separate contract is there any difference.

Active Member
Frank Z Member Since: Dec 9, 2016
3 of 24

I appreciate the info.  I only used the story to illustrate the point.  Hope it was taken that way.

 

Community Guru
Kathy T Member Since: Jul 17, 2015
4 of 24

Freelancing is considered a work for hire. Once you're paid, copywrite/ownership transfers to the client and they can do what ever they want to do. Anything else, will have to be discussed and agreed to between the freelancer and client. and you'll need to specify that in your contract. But, I'm not sure if any client would want different terms because they won't own the work they paid for.

Active Member
Will M Member Since: Oct 26, 2019
5 of 24
No. Freelance is not automatically “work for hire.” However, it does entirely have to do with the contract between the client and freelancer and as to what usage rights are stated in the contract.
Moderator
Valeria K Moderator Member Since: Mar 6, 2014
6 of 24

Hi Frank,

 

Upwork User Agreement has a few articles dedicated to property rights. Please, see article 8.6

 

 

"Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof."

~ Valeria
Untitled
Active Member
Frank Z Member Since: Dec 9, 2016
7 of 24

Thank you Valeria and all others very much

Active Member
Asim S Member Since: Jan 21, 2019
8 of 24

how is infringement enforced? If a freelancer in india is now using the website I paid to be built , how would upwork stop that?

Community Guru
Petra R Member Since: Aug 3, 2011
9 of 24

Asim S wrote:

how is infringement enforced? If a freelancer in india is now using the website I paid to be built , how would upwork stop that?


 Upwork does not "enforce" or "stop" anything much - that is up to you.

You can report the freelancer, but beyond taking action on the freelancer's account if you can show you fully paid the work under the contract, there isn't so much Upwork can do.

 

Have you discussed it with your freelancer?

 

 

Active Member
Janne K Member Since: Jan 31, 2019
10 of 24

This part of agreement is now in: 

Optional Service Contract Terms
Effective April 20, 2018

 

6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY
Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. 
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